Policy Exclusions

Question 1

What is the purpose of excluding relevant evidence based on policy?

Answer 1

Public policy favors the behavior involved under the Federal Rules

Question 2

For what purposes may evidence of liability insurance be inadmissible?

Answer 2

Negligence

Ability to pay substantial judgment

Question 3

For what purposes may evidence of liability insurance be admissible?

Answer 3

Ownership/control (in dispute)

Impeachment

Part of admission re liability insurance

Question 4

For what purposes may evidence of subsequent repairs/precautionary measures be inadmissible?

Answer 4

Negligence

Culpable conduct

Defect in product/design

Need for warning/instruction

Question 5

For what purposes may evidence of subsequent repairs/precautionary measures be admissible?

Answer 5

Ownership/Control

Rebut claim that precautionary measure was not feasible (in dispute)

Witness bias

Impeachment (inconsistent wth subsequent remedial measure)

Question 6

For what purposes are offers of compromise and statements during settlement negotiations inadmissible?

Answer 6

For a disputed claim (made or threatened):

• Validity/Amount; or,
• Offered to impeach W with prior inconsistent statements or contradictory facts

*generally ALL statements made during settlement negotiations is inadmissible

Question 7

For what purposes may evidence of settlement offers be admissible?

Answer 7

CIVIL dispute with governmental agency

- Evidence offered in CRIMINAL case

Question 8

For what purposes may evidence of payment of medical expenses be inadmissible?

Answer 8

To prove liability for injury

Does not require a “disputed claim”

Question 9

For what purposes may evidence of payment of medical expenses be admissible?

Answer 9

Admissions of fact or other statements made during the conversation

Question 10

What type of guilty pleas are not admissible?

Answer 10

Withdrawn guilty plea

Offer to plead guilty

Statements made during plea negotiations

Plea of nolo contendre

Question 11

When may guilty pleas be admissible?

Answer 11

Acceptance

Waiver

1) Knowingly
2) Voluntarily

Question 12

For what purposes may evidence of victim’s past sexual misconduct be admissible?

Answer 12

Criminal case

• Prove D is NOT source of semen/injury
• Prove consent (based on previous sexual encounters between D + victim)

Civil case

• Probative value > Prejudicial effect on victim
• Victim’s reputation (placed in controversy)